If you are going through a divorce in Massachusetts, social media is probably not at the top of your mind. But your posts can become evidence in your case.
Courts can consider social media content when evaluating your proceedings. Both spouses must file a sworn financial statement with the court. Your social media posts can raise questions about what that document says.
Your posts could contradict what you told the court about finances
Massachusetts law requires both spouses in a divorce to file a sworn financial statement. Each party submits that document to the court under penalty of perjury. Photos of a recent vacation, a night out or a new purchase can tell a very different story than what your financial disclosures say.
Opposing counsel can request your social media records through discovery, but they must follow specific procedures. If you have deleted posts, your spouse’s attorney may subpoena the social media platform directly or seek forensic recovery. However, courts do not automatically grant such requests without showing relevance.
Being mindful of what you share during this time is worth considering.
A judge weighing custody could take your posts seriously
Massachusetts courts use the best interests of the child standard when making custody decisions. That standard is broad, and it gives judges significant discretion.
Posts showing excessive drinking, risky behavior or a new romantic partner around your children can shape how a judge views your parenting. Content that others tag you in carries the same risk. You do not have to face criminal charges for a post to raise concerns in a custody case.
Establishing a timeline of a new relationship when it matters most
The state recognizes adultery as a fault ground for divorce.
A check-in, a tagged photo or a post with a new romantic interest can help opposing counsel place your personal life on a timeline. Posts that look harmless alone can take on new meaning when an attorney places them alongside other evidence.
Your online presence during a divorce tells its own story.
The post that could define your case
It is helpful to treat social media as discoverable in your divorce. You must not delete social media posts once you know divorce proceedings are likely or underway. If you intentionally destroy potential evidence, you could face sanctions for spoliation and judges may presume the deleted content was harmful to your case.
Thinking carefully before you share anything related to your finances, relationships or lifestyle can help you avoid unintended consequences.